Being a licensed contractor in California does not protect you from administrative procedures that could result in a suspended or revoked license. After licensing you, the Contractors State License Board requires you to offer everyone professional, safe, and quality services. It also expects you to abide by the law, particularly the law that governs your profession. Violating any of these requirements can trigger an administrative process whereby the board investigates your misconduct, obtains evidence, and takes disciplinary action against you.

Considering how long and how much it costs you to build your career in this industry, you should be prepared to fight. We can help you defend your license at Sacramento License Attorney so you can continue doing what you like and have trained to do. We will review your case, discuss your options, and select the best defense strategies immediately after you are notified of a pending investigation in Sacramento.

What Do Contractors Do?

The California Contractors State License Board certifies hundreds of contractors yearly to serve in various capacities in different industries, particularly the construction industry. Their job description does not necessarily include physically constructing structures but overseeing the construction of different structures across industries. Contractors supervise and give direction during the construction of highways, buildings, playgrounds, and bridges, among other structures. Their skills are needed to ensure safe and effective structures according to industry needs and requirements. Without their involvement, most constructions would despair, and others would be nonexistent.

Thus, your service as a contractor is indispensable. Your work involves close evaluation of building plans, discussions with private and public clients, and monitoring the construction of all structures to ensure they are safe and effective for public use. Through your work description, you could fall into any of the following classes of licensed contractors:

  • Class A engineering contractors who handle such critical tasks as paving, excavation, irrigation, grading, and similar tasks.

  • Class B building contractors who perform critical tasks like building and remodeling residential and commercial properties. These are highly skilled contractors who handle complete projects on their own. They can also supervise builders performing different tasks on a given project.

  • Class C specialty contractors specialize in different areas, including plumbing, roofing, electrical work, welding, drywall installations, HVAC work, fencing, masonry, and similar tasks.

These are all areas that require a highly trained and experienced expert. It takes years of training and retraining to acquire the skills a licensed contractor requires. After the training, you must familiarize yourself with the law, especially the statutes governing your job, including the Health and Safety and Business and Professions Code. This shows your dedication to offering professional, safe, and quality services in the industry.

However, high training and experience do not protect you from complaints from unsatisfied employers, colleagues, or clients. Sadly, this puts your license and career at risk. You could lose your license temporarily or permanently if you are accused of negligence, incompetence, or professional misconduct. You must engage a competent license attorney for advice, guidance, and defense. Remember how hard you have worked to get to the level you are at in your career. Choose to fight for your career in case an allegation comes up.

The Role of Contractor State License Board

The board's primary role is to restrict contractors' licensing in various capacities. This ensures only competent contractors are rendering their services to the public. Through strict licensing regulations, the board ensures that contractors receiving certification have the proper training and attitude and understand the laws better to offer safe, professional, and quality services. However, its mission is not to license qualified contractors but to protect the public interests. By carefully selecting qualified contractors for licensing, the board protects the public from physical, financial, and emotional harm that could occur due to unsafe or substandard construction practices.

This is a very noble mission. However, it cannot protect innocent contractors from allegations of unprofessional misconduct, which could result in unnecessary disciplinary actions. Although the board carefully selects the allegations it pursues, mistakes can happen, causing a contractor to pay heavily for a mistake they did not commit or intend. For this reason, it allows contractors facing disciplinary proceedings to prepare and fight their allegations or defend their actions for a fair resolution. You must do this if you are under investigation by the Contractor State License Board. You should not allow the board to make the final decision in your case without trying to defend your actions or license.

The kind of preparation you must make for your case depends on the allegations you face and the outcome you want for your case. Here are some of the allegations you could face as a licensed contractor in California:

  • Contract disputes, including allegations of breaching a contract.

  • The unlawful acceptance of deposits.

  • Incompetence or failure to measure up to the standards of your profession.

  • Hiring unskilled or unlicensed workers.

  • Use or abuse of drugs or alcohol, especially while working.

  • Committing fraud, including insurance and real estate fraud.

  • A criminal arrest or conviction that substantially impacts your qualifications or duties as a certified contractor.

  • Being investigated by another licensing body or government agency, even from another state.

When a complaint from the public reaches the board, the board must determine its authenticity to decide whether to pursue the matter or dismiss the allegations. If the allegation is not credible, the board will dismiss it even before notifying you of a pending investigation. However, if the board decides to pursue your case, you will receive a notice with a date for you to appear before the board and administrative judges. This usually marks the start of the administrative procedure. You should start preparing your defense to improve your chances of obtaining a reasonable outcome.

The board will appoint an administrative judge to look into the matter and present a case against you during the hearing. They will also table the evidence the board has against you and recommend the best disciplinary action. You will be allowed to present evidence, interview eyewitnesses, call in an expert to testify in your favor, and make a statement to counter the allegations or defend your career. The board’s final decision will be based on the strength of its case and your defense. Thus, it could dismiss your allegations or choose the most befitting disciplinary action.

If the board’s evidence is insufficient, or you have more evidence to counter the allegations, the board will dismiss your case. The board can also recommend that you resolve the matter with the other party through an agreement or settlement. If these resolutions do not help, the board has a long list of possible disciplinary actions.

How The Contractor State License Board Disciplines Unprofessional Contractors

You could receive a citation and an order to pay a particular fine to the board for minor violations. Citations are pretty lenient because they do not threaten your license. However, they can affect your reputation and career since they are done on a public website. If a client finds out about the violation and the disciplinary action, they terminate your contract, leaving you without a means of earning a living. Potential clients could also change their way of working with you for fear that you are not as trustworthy or competent as they had hoped. However, your attorney can fight the citation and favor a favorable fine.

Alternatively, you could receive a reprimand letter through the board’s website. This is usually to caution you about similar misconduct. Reprimands do not also affect your license, but they can affect your job and reputation. If this worries you, talk to your attorney about it. An aggressive attorney can present a motion before the board to reconsider the reprimand and safeguard your reputation. They can show some mitigating factors to convince the board how damaging a public reprimand will be to your career. For example, they can use your excellent reputation to show how good you are as a contractor.

Sometimes, the board suspends contractors' licenses for a particular period. This action occurs in case of a grave violation. For example, if you are addicted to drugs or alcohol or have been incompetent, the board can suspend your license to allow you time to correct your behavior. The suspension can be for weeks, months, or years, depending on the underlying allegation and the desired goals. You must demonstrate a changed behavior to reinstate your license.

If you feel the suspension is long, your attorney can negotiate a more favorable one to ensure you are back to work quickly. Your attorney can also fight the suspension if it significantly affects your livelihood. Additionally, they can help you reinstate your license once the suspension is over.

In more severe cases, especially those that put the lives of people at risk of harm, you could lose your license permanently to revocation. When the board revokes your license, it cancels it completely, making it impossible for you to earn a living as a contractor in California. You will need a fresh start in another career to earn a living again.

Although license revocations are rare, they are possible. However, a competent attorney can negotiate for a more favorable resolution to ensure you keep your career. For example, they can push for a suspension instead of revocation to allow you time to correct your behavior.

How To Negotiate for a Case Resolution

If you are worried about a harsh resolution of your case, you should consider negotiating with the board for a favorable resolution. The board allows contractors to defend themselves during the hearing to make the administrative procedures as fair as possible. Thus, you can prepare evidence and statements that could compel the board to reconsider its decision. However, you need the assistance of a competent license attorney for a successful negotiation. License attorneys have the skills you lack in pushing for fair settlements. They are also familiar with the laws governing your profession and can use any strategy to push for the right outcome for your case.

Before considering the right way to negotiate with the board for a favorable resolution, your attorney must consider the possible outcomes of your case. For example, if your allegation is about negligence, whereby you caused a person or company to suffer severe financial loss, the likely outcome of your case would be a revoked license. Understanding this helps your attorney determine the best negotiation strategy for a license suspension or probation. Although these are equally harsh penalties, they do not take away your ability to work as a contractor.

Your attorney must also determine your best interest in the case. If you want to keep the mater private to protect your reputation, discuss it with your attorney beforehand. They will use negotiation strategies that will help you achieve that. For example, they can fight citations, reprimands, and other penalties that the board broadcasts on its website. Alternatively, you could be required to pay a fine or restitution or resolve the matter amicably with the victim.

The timing is critical when negotiating for a favorable settlement in your case. Instead of waiting until the board is ready with damaging evidence against you, you can initiate the settlement early in the administrative procedure.

Find a Proficient License Attorney Near Me

Have you or your loved one received a notice of investigation by the Contractor State License Board in Sacramento?

Your license and the career you have built over the years are at risk. The board does not take allegations against licensed contractors lightly. However, you can start planning your defense early to protect your reputation, license, and livelihood. You can do so with the assistance of a license attorney.

Sacramento License Attorney offers competent and timely license defense services for contractors like you. We know how critical your license is and how much you gave up to obtain your skills and build a solid career. We will use our best skills and experience to defend it. Call us at 279-242-4711 to learn more about our defense strategies.